2023 House Resolution 168

Whereas, Public Law No. 117-78, otherwise known as the Uyghur Forced Labor Prevention Act (UFLPA), was adopted by Congress in 2021 with overwhelming bipartisan support following national concerns regarding the use of forced labor in China’s Xinjiang region to produce large lithium-ion batteries manufactured to power electric vehicles, including in the mining of materials by Uyghurs and other Muslim minorities. The federal government also recognizes that polysilicon, a critical component in the production of approximately 95% of the world’s solar panels, is produced by these same minority populations. Nearly half of global polysilicon production comes from the Xinjiang region. Under the UFLPA, there is a rebuttable presumption that any product manufactured in whole or in part in the Xinjiang Uyghur Autonomous Region was produced by forced labor. The State of Michigan recognizes the inhumane treatment of what is estimated to be at least 100,000 Uyghur Muslims who are subjected to forced labor in the Xinjiang region; and

Whereas, The use of inhumane labor conditions in the manufacturing of lithium-ion batteries is not limited to the treatment of Uyghurs in the Xinjiang region. Michigan also recognizes that 60% of the world’s cobalt production is the result of forced labor – including oppressive child labor – notably through cobalt ore mined in dangerous conditions. We recognize the inhumane treatment of an estimated 40,000 child laborers in the Democratic Republic of the Congo who supply cobalt to China that is used in the manufacturing of lithium-ion batteries. The United States Department of Labor has also recently recognized that “downstream products containing lithium-ion batteries may be produced with an input produced with child labor, such as electric cars,” which we unequivocally condemn; and

Whereas, In May of 2023, the United States Department of Treasury and the Internal Revenue Service issued a notice of proposed rulemaking announcing restrictions on the application of newly created tax credits for electric vehicles, stipulating that starting “in 2024, an eligible clean vehicle may not contain any battery components that are manufactured by a foreign entity of concern, and beginning in 2025, an eligible clean vehicle may not contain any critical materials that were extracted, processed, or recycled by a foreign entity of concern.” Further, the Department of Treasury has proposed interpreting certain provisions of the CHIPS and Science Act, Public Law No. 117-168, to define any company subject to China’s jurisdiction a “foreign entity of concern,” thereby preventing federal tax credits from supporting sales of electric vehicles made with battery components from Chinese entities; and

Whereas, The members of this legislative body condemn the use of forced labor in the manufacturing of components and materials used in electric vehicles and solar panels, including those sourced from Xinjiang, China. In furtherance of that condemnation, the State of Michigan affirms its support of the UFLPA and calls upon the sister branches of our state government, as well as our federal government, to enforce its provisions. We must also strive to ensure that electric vehicles and solar panels sold within the borders of our state have been manufactured in compliance with ethical labor practices and with recognition of basic human rights. We recognize the use of forced labor is repugnant and deplorable, violates basic human rights, constitutes unacceptable discrimination, and damages free and fair competition. It is the social responsibility of individuals worldwide to ensure that forced and child labor not be used in the production and manufacturing of goods and services, which we affirm our commitment to today; now, therefore, be it

Resolved by the House of Representatives, That we affirm that the State of Michigan recognizes the importance of and commits to promoting the ethical and responsible manufacturing practices in the production of electric vehicles and solar panels; and be it further

Resolved, That copies of this resolution be transmitted to the Governor, the President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives, the Secretary of the United States Department of Treasury, the Commissioner of the Internal Revenue Service, and the Michigan congressional delegation.